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Landlord unreasonably withholding consent

We acted for the tenant of a mixed use property in Central London whose landlord refused the tenant permission to make a planning application to use the upper floors for residential purposes.  The landlord refused permission on the grounds that it perceived the tenant’s ultimate motive was to try and force the sale of the freehold under the enfranchisement process.  The tenant issued court proceedings seeking a declaration as to the position.

The Judge found for the tenant and decided that the landlord was trying to seek a financial advantage over the tenant by refusing consent, and that stance was unreasonable.

Mark Steggles, the lead Partner on the matter, comments “this was an important decision for the tenant, who was being stopped from letting out the top floors of a Central London property even on assured shorthold tenancies and prevented from generating any income”.

Tiffany Scott of Wilberforce Chambers acted for the tenant. For more information on the case, please visit: Hautford Limited v Rotrust Nominees.

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